Lawyer?

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Old Oct 15th 2002, 4:14 pm
  #1  
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Default Lawyer?

Had the medical for the INS yesterday and was told by the doc to get a lawyer to complete the application for perminant residence and it would cost upwards of $5000!
I entered the US in July on a B1 / B2 visitors visa and was married two weeks ago to a girl I met here back in Jan. and spent some time with in Oz whilest travellling.

Two questions :
Will there be any problems with the application because we never applied for the K fiancee visa?

Is a lawyer really neccessary or was the doctor just trying to push some business to his mate?

Thanks in advance.
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Old Oct 15th 2002, 6:39 pm
  #2  
Mdudall
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Default Re: Lawyer?

    >Is a lawyer really neccessary or was the doctor just trying to push some
    >business to his mate?

Just curious, did he recommend a specific attorney, give you the attorney's
business card, that sort of thing?
 
Old Oct 15th 2002, 6:40 pm
  #3  
Mrtravel
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Default Re: Lawyer?

JamesBrown wrote:
    > Had the medical for the INS yesterday and was told by the doc to get a
    > lawyer to complete the application for perminant residence and it would
    > cost upwards of $5000!
    > I entered the US in July on a B1 / B2 visitors visa and was married two
    > weeks ago to a girl I met here back in Jan. and spent some time with in
    > Oz whilest travellling.
    > Two questions :
    > Will there be any problems with the application because we never applied
    > for the K fiancee visa?
    > Is a lawyer really neccessary or was the doctor just trying to push some
    > business to his mate?

$5000 for a normal Adjustment of Status is far too much.

When you entered in July on a B2, what did you tell the INS people?
Where you honest when you applied for the B2?
Have you ever been out of status on a visa. If so, for how long?
Have you ever committed a crime? (seriously.. the form asks that, even
if you weren't even caught)

In most cases adjustment from a B2 is easy if you didn't commit fraud.
 
Old Oct 16th 2002, 5:42 pm
  #4  
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Default Re: Lawyer?

Originally posted by Mdudall:
    >Is a lawyer really neccessary or was the doctor just trying to push some
    >business to his mate?

Just curious, did he recommend a specific attorney, give you the attorney's
business card, that sort of thing?
No, but I got the impression that that was were he was heading - I just made it clear I wasn't interested before he could elaborate.
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Old Oct 16th 2002, 5:54 pm
  #5  
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Default Re: Lawyer?

Originally posted by Mrtravel:
JamesBrown wrote:
    > Had the medical for the INS yesterday and was told by the doc to get a
    > lawyer to complete the application for perminant residence and it would
    > cost upwards of $5000!
    > I entered the US in July on a B1 / B2 visitors visa and was married two
    > weeks ago to a girl I met here back in Jan. and spent some time with in
    > Oz whilest travellling.
    > Two questions :
    > Will there be any problems with the application because we never applied
    > for the K fiancee visa?
    > Is a lawyer really neccessary or was the doctor just trying to push some
    > business to his mate?

$5000 for a normal Adjustment of Status is far too much.

When you entered in July on a B2, what did you tell the INS people?
Where you honest when you applied for the B2?
Have you ever been out of status on a visa. If so, for how long?
Have you ever committed a crime? (seriously.. the form asks that, even
if you weren't even caught)

In most cases adjustment from a B2 is easy if you didn't commit fraud.
I entered in July after travelling round the States for a month in Jan ( where I met my wife) then South America before spending 2 months in Oz then flew here from Sydney with the intention of staying with my girlfriend for a while but only as a visitior. Things developed and we knew it was going to last so decided to get married and apply for my right to stay and work here.
My B1 / B2 visitor visa was applied for back in 1997 before a previous trip.I have been honest whenever entering the US and have never outstayed longer than I should have.And no I have no criminal history.
My main concern was not knowing about the 'K / Fiancee visa' before.
Would you advise filing the paperwork independantly or seeking professional help?
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Old Oct 16th 2002, 10:24 pm
  #6  
Mrs_blackross
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Default Re: Lawyer?

a lawyer is not necessary unless you have any medical or criminal issues.
from what you posted, your situation is not unique and happens all the time.
you can simply marry then file an I-130/I-485 and remain in the US while it
is pending. many, including myself, have done this successfully without
difficulty, and WITHOUT a lawyer. check the doc steen site in my signature
for more information on adjusting from a tourist visa.
I also agree with Matt Udall's assessment that $5k is way too much money for
a simple adjustment case.
--
Crazy Canuck married to a Dam Yankee
Entered as Visitor 07/04/01
Married 08/25/01
Filed @ VSC-AOS, EAD, AP 01/07/02
1st NOA 02/06/02
2nd NOA 02/07/02
EAD approved 02/26/02
AP Approved 02/28/02
AOS appointment letter rec'd 03/07/02
Fingerprint letter rec'd 03/07/02
AOS interview 04/02/02
AOS APPROVED 04/02/02!!!
GC arrived in mail 04/19/02
next step..removing conditions..April 2004

some helpful sites on the net:
http://www.mindspri-
ng.com/~docsteen/visainfo/visainfo.htm

http://www.k1faq.com/faq_index.htm
http://www.geoc-
ities.com/immigration_helpsite/I-130/index.htm



"JamesBrown" wrote in message
news:445662.1034790884@britishexpats-
.com
...
    > Originally posted by Mrtravel:
    > > JamesBrown wrote:
    > > > Had the medical for the INS yesterday and was told by the doc to
    > > get a
    > > > lawyer to complete the application for perminant residence and
    > > it would
    > > > cost upwards of $5000!
    > > > I entered the US in July on a B1 / B2 visitors visa and was
    > > married two
    > > > weeks ago to a girl I met here back in Jan. and spent some time
    > > with in
    > > > Oz whilest travellling.
    > > > Two questions :
    > > > Will there be any problems with the application because we never
    > > applied
    > > > for the K fiancee visa?
    > > > Is a lawyer really neccessary or was the doctor just trying to
    > > push some
    > > > business to his mate?
    > >
    > > $5000 for a normal Adjustment of Status is far too much.
    > >
    > > When you entered in July on a B2, what did you tell the INS people?
    > > Where you honest when you applied for the B2?
    > > Have you ever been out of status on a visa. If so, for how long?
    > > Have you ever committed a crime? (seriously.. the form asks that, even
    > > if you weren't even caught)
    > >
    > > In most cases adjustment from a B2 is easy if you didn't commit fraud.
    > >
    > I entered in July after travelling round the States for a month in Jan (
    > where I met my wife) then South America before spending 2 months in Oz
    > then flew here from Sydney with the intention of staying with my
    > girlfriend for a while but only as a visitior. Things developed and we
    > knew it was going to last so decided to get married and apply for my
    > right to stay and work here.
    > My B1 / B2 visitor visa was applied for back in 1997 before a previous
    > trip.I have been honest whenever entering the US and have never
    > outstayed longer than I should have.And no I have no criminal history.
    > My main concern was not knowing about the 'K / Fiancee visa' before.
    > Would you advise filing the paperwork independantly or seeking
    > professional help?
    > --
    > Posted via http://britishexpats.com
 
Old Oct 16th 2002, 11:14 pm
  #7  
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Posts: 16,266
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Default Re: Lawyer?

Originally posted by Mrs_blackross:
a lawyer is not necessary unless you have any medical or criminal issues.
from what you posted, your situation is not unique and happens all the time.
you can simply marry then file an I-130/I-485 and remain in the US while it
is pending. many, including myself, have done this successfully without
difficulty, and WITHOUT a lawyer. check the doc steen site in my signature
for more information on adjusting from a tourist visa.
I also agree with Matt Udall's assessment that $5k is way too much money for
a simple adjustment case.

Hi:

The most important reason to have a lawyer is IF the client WANTS one. I don't "need" my auto mechanic to change the oil and filters on my cars, but I have him do so anyways.

The assistance of a competnent immigration lawyer NEVER hurts an immigration case [other than, perhaps, in the pocketbook]. Admittedly, it quite often does not necessarily help a case, but it might. A friend of mine is fond of saying that by forming the client-attorney relationship, the attorney becomes an insurance company.

$5K does strike me as high for the L.A. area, I can't speak for other areas.
Folinskyinla is offline  

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